Real Estate Legal Dictionary
Dictionary of Real Estate Terms
The pre-contract - or the bilateral sale-purchase promise represents a contract in which both parties, called promising-seller and promising-buyer, undertake to conclude in the future, at the established price, the sale-purchase contract, having as object the good that is the object understanding.
Arvuna - It is an ancillary agreement for the sale having as object a sum of money that one of the parties gives to the other party on the occasion of concluding a sale-purchase contract, as a guarantee that the contract will be completed.
The building permit - is the act of authority of the local public administration on the basis of which the application of the measures provided by law is ensured, regarding the location, design, execution and operation of the constructions.
Land book - public, official document, which includes the complete and exact legal evidence of real estate, property of individuals and legal entities in the same locality, as an administrative-territorial unit: commune, city, municipality (county).
It includes the description of the real estate and the entries regarding the real estate rights, personal rights, deeds, facts or legal relations related to the real estate.
The entries in the land book are of three types:
a) tabulation of the property right, of the other main real rights and of the real real estate accessory rights;
b) the provisional registration of these rights under the condition of their subsequent justification;
c) notation of other legal relations, of incapacities, personal rights, actions and remedies in court, as well as of the measures of unavailability, in connection with the real estates from the land book.
Cadastre - the unitary and obligatory system of technical, economic and legal evidence of all lands and other real estate throughout the country, which identifies, measures, describes and registers real estate in cadastral documents and their representation on maps and cadastral plans .
Specialized cadastres - are subsystems of evidence and systematic inventory of real estate from a technical and economic point of view, in compliance with the technical norms developed by the National Office of Cadastre, Geodesy and Cartography and basic data from the general cadastre, on area, category of use and owner.
Urbanism certificate - the information act by which the local public administration authorities, in accordance with the provisions of urban plans and related regulations or land use plans, as appropriate, approved and approved by law, make known to the applicant the elements of the legal regime, economic and technical of the lands and constructions existing at the date of the request and establish the urban requirements to be fulfilled depending on the specifics of the location, as well as the list containing the legal approvals and agreements, necessary for the authorization.
Certificate of heir - The certificate of heir proves the quality of heir, legal or testamentary, as well as the proof of the property right of the accepting heirs over the goods from the succession table, in the share that belongs to each one.
Fiscal attestation certificate - FISCAL - the certificate attesting the fulfillment of the obligations to pay taxes, fees, contributions and other individualized budgetary obligations in executory titles, issued according to the law and existing in the records of the competent central fiscal body;
Assignment of claim - the agreement by which the assigning creditor transmits to the assignee a claim against a third party.
The contract - the agreement of wills between two or more persons with the intention of establishing, amending or extinguishing a legal relationship.
The loan agreement - the free contract by which a party, called the lender, remits a movable or immovable property to the other party, called the borrower, in order to use this property, with the obligation to return it after a certain time;
Intermediation contract - The contract by which the intermediary undertakes to contact the client with a third party, in order to conclude a contract.
Maintenance contract - Through the maintenance contract a party undertakes to perform for the benefit of the other party or a certain third party the services necessary for maintenance and care for a certain period. If the contract did not provide for the duration of the maintenance or provided only for its lifetime, then the maintenance is due for the entire life of the maintenance creditor.
Lease contract - Lease is a contract whereby one party, called the lessor, undertakes to provide the other party, called the tenant, the use of an asset for a specified period, for a price, called rent.
Life annuity contract - Through the life annuity contract a party, called debirentier, undertakes to perform for the benefit of a certain person, called credirentier, periodic services, consisting of sums of money or other fungible goods.
Swaps - Exchange is a contract by which one party, called copermutanţi, transmit or, where appropriate, undertakes to deliver a good to get another.
Contract of sale - The sale is the contract by which the seller transfers or, as the case may be, undertakes to transfer to the buyer the ownership of a good in exchange for a price which the buyer undertakes to pay.
Property body - one or more attached buildings, on the territory of a locality, belonging to the same owner, form the property body that is registered in the land book.
Right of habitation - is a right of use that has as object a dwelling, the holder of the right of dwelling having the right to live in the dwelling of the bare owner with his husband and children, even if he was not married or had no children on the date the dwelling was established, as well as with the parents or other dependents.
Preemption right - Under the conditions established by law or contract, the holder of the preemption right, called preemptor, can buy a good with priority.
The right of surface - the right to have or to build a construction on the land of another, above or in the basement of that land, over which the surface acquires a right of use. The right of surface is acquired on the basis of a legal act, as well as by usufruct or by another way provided by law.
Tabular rights - Real estate rights entered in the land book are tabular rights. They are acquired, modified and extinguished only in compliance with the rules of the land book.
Donation - A donation is the contract by which, with the intention of gratifying, a party, called a donor, irrevocably disposes of a good in favor of the other party, called a donee.
Real estate - one or more adjacent plots of land, regardless of the category of use, with or without constructions, belonging to the same owner, located on the territory of an administrative-territorial unit and which are identified by a unique cadastral number.
Tabulation - Definitive registration of a deed of ownership or of a real estate right in the land book.
Mortgage - real right over movable or immovable property affected by the execution of an obligation. The mortgage is, by its nature, accessory and indivisible. It subsists as long as there is an obligation which it guarantees and bears in full on all the encumbered property, on each of them and on each part thereof, even in cases where the property is divisible or the obligations are divisible.
Mandate - the contract by which a party, called agent, undertakes to conclude one or more legal acts on behalf of the other party, called principal.
Inheritance - the transmission of the patrimony of a deceased natural person to one or more persons in the being.
Types of inheritance
(1) The patrimony of the deceased shall be transmitted by legal inheritance, insofar as the one who leaves the inheritance has not ordered otherwise by will.
(2) A part of the deceased's patrimony may be transmitted by testamentary inheritance, and the other part by legal inheritance.
Relatives of the deceased come to inherit in the following order:
a) first class: descendants;
b) second class: privileged ascendants and privileged collaterals;
c) third class: ordinary ascendants;
d) fourth class: ordinary collaterals.
Cadastral part - several property bodies, from the territory of the same locality, belonging to an owner, form its cadastral part which is registered in the same land book.
The cadastral plan - contains the graphical representation of the data from the cadastral registers, regarding the lands and constructions within the administrative-territorial units - communes, cities and municipalities - and is kept at the county office of cadastre, geodesy and cartography.
Private property - the right of the holder to own, use and dispose of an asset exclusively, absolutely and perpetually, within the limits established by law.
Public property - the property right belonging to the state or an administrative-territorial unit over the goods that, by their nature or by the declaration of the law, are of use or public interest, provided that they are acquired by one of the ways provided by law.
Real estate advertising - has as object the registration in the land book of the property right and of the other real rights that are transmitted, constituted, modified or which, as the case may be, are extinguished and erased, as a result of the legal acts and facts related to a real estate.
Succession representation - by succession representation a legal heir of a more distant degree, called a representative, ascends, by virtue of the law, to the rights of his ascendant, called a representative, to collect the part of the inheritance that would have been due to him if he had not was unworthy of the deceased or deceased at the date of opening the inheritance.
Easement - is the task of encumbering a property, for the use or utility of another owner's property.
Will - the unilateral, personal and revocable act by which a person, called testator, disposes, in one of the forms required by law, for the time when he will no longer be alive.
Usufruct - the right to use another person's property and to collect its fruits, just like the owner, but with the duty to preserve its substance.
The constitution of the usufruct
(1) The usufruct may be constituted by legal act, usufruct or other ways provided by law, the provisions regarding the land book being applicable.
(2) The usufruct may be constituted only in favor of an existing person.